Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1957 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 07/31/2017) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
86889946 |
LAW OFFICE ASSIGNED |
LAW OFFICE 116 |
MARK SECTION |
MARK |
http://uspto.report/TM/86889946/mark.png |
LITERAL ELEMENT |
EXPLORE |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
005 |
DESCRIPTION |
Formulated milk, food and food substances, namely, food for babies, infant formula for babies; dietetic foods and substances, namely,
nutritive preparations for oral or tube feeding, nutritional supplements, nutritionally fortified beverages, nutritional drinks and drink mixes for use as a meal replacement adapted for medical and
clinical use; nutritional and dietary supplements adapted for medical use, namely, nutritional supplements in powder, liquid, and pill form for general health and well-being; vitamin preparations;
mineral food preparations; protein dietary supplement; all the aforementioned products for the management of metabolic disorders |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION
COUNTRY |
Switzerland |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
005 |
DESCRIPTION |
Formulated milk, food and food substances, namely, food for babies, infant formula for babies; dietetic foods and substances, namely,
nutritive preparations for oral or tube feeding, nutritional supplements, nutritionally fortified beverages, nutritional drinks and drink mixes for use as a meal replacement adapted for medical and
clinical use; nutritional and dietary supplements adapted for medical use, namely, nutritional supplements in powder, liquid, and pill form for general health and well-being; vitamin preparations;
mineral food preparations; protein dietary supplement; all the aforementioned products for the management of metabolic disorders |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION
COUNTRY |
Switzerland |
FOREIGN REGISTRATION FILE NAME(S) |
ORIGINAL PDF FILE |
FRU0-6323611269-231427579_._EXPLORE_certified_copy.pdf |
CONVERTED PDF FILE(S)
(4 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\868\899\86889946\xml1\ROA0002.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\868\899\86889946\xml1\ROA0003.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\868\899\86889946\xml1\ROA0004.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\868\899\86889946\xml1\ROA0005.JPG |
ORIGINAL PDF FILE |
FRU0-6323611269-231427579_._EXPLORE_signed_EN_translation.pdf |
CONVERTED PDF FILE(S)
(4 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\868\899\86889946\xml1\ROA0006.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\868\899\86889946\xml1\ROA0007.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\868\899\86889946\xml1\ROA0008.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\868\899\86889946\xml1\ROA0009.JPG |
STANDARD CHARACTERS
OR EQUIVALENT |
YES |
ADDITIONAL STATEMENTS SECTION |
MISCELLANEOUS STATEMENT |
Once the Examining Attorney determines that the US application may proceed to registration in its entirety based upon the Swiss registration,
the USPTO is authorized to delete the Section 1(b) basis and proceed to registration solely on Section 44(e). |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/madelon l. witte/ |
SIGNATORY'S NAME |
Madelon L. Witte |
SIGNATORY'S POSITION |
Attorney for Applicant, New York bar member |
SIGNATORY'S PHONE NUMBER |
3034734817 |
DATE SIGNED |
11/07/2016 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Mon Nov 07 16:35:41 EST 2016 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XXX.XX-2
0161107163541524286-86889
946-570e0d39675936c878bde
c983958db99244228ed7ac757
4dc03b6a276790ebd11-N/A-N
/A-20161107163348565456 |
Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1957 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 07/31/2017) |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
86889946 EXPLORE(Standard Characters, see http://uspto.report/TM/86889946/mark.png) has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Formulated milk, food and food substances, namely, food for babies, infant formula for babies; dietetic foods and substances, namely, nutritive preparations for oral or
tube feeding, nutritional supplements, nutritionally fortified beverages, nutritional drinks and drink mixes for use as a meal replacement adapted for medical and clinical use; nutritional and
dietary supplements adapted for medical use, namely, nutritional supplements in powder, liquid, and pill form for general health and well-being; vitamin preparations; mineral food preparations;
protein dietary supplement; all the aforementioned products for the management of metabolic disorders
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that
meet the certification standards of the applicant.
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Switzerland registration number __________ registered
__________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate.
For a trademark or service mark application: As of the
application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services.
For a collective
trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise
legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization.
For a certification mark
application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized
users on or in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise
or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant.
Proposed: Class 005 for Formulated milk, food and food substances, namely, food for babies, infant formula for babies; dietetic foods and substances, namely, nutritive preparations for oral or
tube feeding, nutritional supplements, nutritionally fortified beverages, nutritional drinks and drink mixes for use as a meal replacement adapted for medical and clinical use; nutritional and
dietary supplements adapted for medical use, namely, nutritional supplements in powder, liquid, and pill form for general health and well-being; vitamin preparations; mineral food preparations;
protein dietary supplement; all the aforementioned products for the management of metabolic disorders
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that
meet the certification standards of the applicant.
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Switzerland registration number __________ registered
__________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate.
For a trademark or service mark application: As of the
application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services.
For a collective
trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise
legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization.
For a certification mark
application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized
users on or in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise
or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant.
Original PDF file:
FRU0-6323611269-231427579_._EXPLORE_certified_copy.pdf
Converted PDF file(s) ( 4 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Original PDF file:
FRU0-6323611269-231427579_._EXPLORE_signed_EN_translation.pdf
Converted PDF file(s) ( 4 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard
character equivalent.
ADDITIONAL STATEMENTS
Miscellaneous Statement
Once the Examining Attorney determines that the US application may proceed to registration in its entirety based upon the Swiss registration, the USPTO is authorized to delete the Section 1(b) basis
and proceed to registration solely on Section 44(e).
SIGNATURE(S)
Response Signature
Signature: /madelon l. witte/ Date: 11/07/2016
Signatory's Name: Madelon L. Witte
Signatory's Position: Attorney for Applicant, New York bar member
Signatory's Phone Number: 3034734817
The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and
other federal territories and possessions; and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another
U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently
filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of
attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in
this matter.
Serial Number: 86889946
Internet Transmission Date: Mon Nov 07 16:35:41 EST 2016
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2016110716354152
4286-86889946-570e0d39675936c878bdec9839
58db99244228ed7ac7574dc03b6a276790ebd11-
N/A-N/A-20161107163348565456